Applicant Screening Blog » FAQs

Is Employee Background Screening Ever Required?

Cindi — Wed, 03 Dec 2008 19:00:43 +0000

In cases where a business serves vulnerable populations (such as the disabled, elderly, or youth), local or state laws and/or licensing requirements may mandate screening of at least some employees. There may also be clauses included in agreements with your insurance carrier, or in contracts for use of local government-owned facilities. In the instance of your insurer, it would most likely be if they are insuring you against claims that would arise out of negligent hiring lawsuits. When using government-owned facilities where vulnerable populations will be served, screening clauses are to be expected as part of the contract.

Why Should I Use Background Screening as a Part of Reviewing Applicants for a Job?

Cindi — Wed, 05 Nov 2008 17:46:29 +0000

Some of the top reasons for using background screening are:

It is critical to know who you are hiring if that employee will be handling the personal data of others. This becomes a factor if your business deals with financial or health information for customers because you must comply with electronic data privacy requirements.
If you do not check an applicant’s background and suitability for a specific job, and that employee later causes injury to another person, you open yourself up to a negligent hiring lawsuit.
A background check, including credit information, is simply a good way to review the reliability of that applicant. Do remember, thought, that you cannot refuse to hire simply based on the fact a person has filed bankruptcy.

If I Only Have One Position to Fill, Does the FCRA Apply to Me?

Cindi — Tue, 21 Oct 2008 23:07:04 +0000

Yes, although some HR-related laws are applied depending on the size of the company, the FCRA covers small business owners and large corporations. If you request information that can be defined as a consumer report, and is provided by a consumer reporting agency, the regulations of the FCRA apply to you regardless of the number of employees you have.

Can I Request Date of Birth for a Background Check?

Cindi — Tue, 30 Sep 2008 23:19:32 +0000

Because of laws prohibiting age discrimination, most applicants expect not to be asked for date of birth. Effective background screening often requires that piece of information, however. You are allowed to request date of birth, and even race, as long as: you request it for all applicants for the same type of work, get that information on a ‘tear-off’ or separate page from the main application, and do not store that information in the permanent file (it must be destroyed after the background check).